Consultation display

Wales' Changing Constitution

Response to the consultation

Evidence submitted in response to this Consultation

Purpose of the consultation

The Legislation, Justice and Constitution Committee* is undertaking an inquiry with the following terms of reference:


  • To consider the current scope and application of the Sewel convention in the context of the process of leaving the EU, including:
    • in relation to primary and secondary legislation,
    • whether the current Devolution Guidance Notes relating to consent are fit for purpose,
    • the recent Supreme Court rulings,
    • how “normally” should be interpreted in section 107(6) of the Government of Wales Act 2006, who should interpret it and how disputes should be resolved,
    • whether parliamentary procedures should be established to recognise the Convention in the legislative process, and
    • the experience of other devolved legislatures in the UK and the approach to legislative consent in other countries;
  • To consider the implications of new levels of UK governance as a result of Brexit on the Welsh devolution settlement, including:
    • the development of legislative and non-legislative common frameworks,
    • the development and use of intergovernmental agreements between the UK and Welsh Governments that are emerging as a consequence of Brexit-related legislation, and
    • the power of UK Ministers under section 109A of the Government of Wales Act 2006 (as introduced by section 12 of the EU Withdrawal Act 2018) to temporarily ‘freeze’ areas of devolved competence;
  • To review, as required, the recommendations of the Committee’s Brexit-related reports; and
  • To consider any other matters relating to the UK’s constitutional arrangements post Brexit including constitutional reform.


The breadth of the inquiry is intended to allow the Committee to be flexible in its approach and to take account of emerging constitutional issues as the UK leaves the EU. As a result, it is likely to issue themed reports over the course of its work.


The inquiry is also likely to review some of its Brexit-related reports such as: 



The Committee would welcome contributions on the inquiry.


Providing Written Evidence

The Senedd has two official languages, Welsh and English.

In line with the Senedd’s Official Languages Scheme, the Committee requests that documents or written responses to consultations intended for publication or use in Senedd proceedings are submitted bilingually. When documents or written responses are not submitted bilingually, we will publish in the language submitted, stating that it has been received in that language only.

We expect other organisations to implement their own standards or schemes and to comply with their statutory obligation.

Please see guidance for those providing evidence for committees.


Disclosure of information

Please ensure that you have considered the Senedd’s policy on disclosure of information before submitting information to the Committee.


* Following a resolution in Plenary on 29 January 2020, the Constitutional and Legislative Affairs Committee became the Legislation, Justice and Constitution Committee.

Contact details

Should you wish to speak to someone regarding this consultation, please use the below contact details:

Legislation, Justice and Constitution Committee
Welsh Parliament
Cardiff Bay
CF99 1SN

Telephone: 0300 200 6565